Direct Line Insurance, owner of the well-known ‘telephone on wheels’ image used in its advertising, has blocked an application by online insurance rival esure.com to register as a trade mark a computer mouse on wheels. The mark was a different colour from Direct Line’s red telephone, esure’s ‘house colours’ being blue and orange.

Whilst the court held that there was ‘no proven likelihood’ of people confusing the two trade marks, the threshold for such confusion is a low one and, accordingly, agreeing to register esure’s mark could damage Direct Line.

Interestingly, Direct Line also shows a computer mouse on wheels on the front cover of its policy documents.

When considering new trade marks, it is important to do one’s research carefully to ensure that the creative budget is not spent on something which cannot be registered.

For advice on any aspect of intellectual property law please contact us.